Real Property Co. v. Pitt
Massachusetts Supreme Judicial Court
Contract upon an account annexed for a commission as broker for procuring a customer for a loan. Writ in the Municipal Court of the City of Boston dated March 19, 1917. The judge of the Municipal Court found for the plaintiff and reported the case to the Appellate Division for determination of the correctness of the refusal by him to make certain rulings requested by the defendant.
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Contract upon an account annexed for a commission as broker for procuring a customer for a loan. Writ in the Municipal Court of the City of Boston dated March 19, 1917. The judge of the Municipal Court found for the plaintiff and reported the case to the Appellate Division for determination of the correctness of the refusal by him to make certain rulings requested by the defendant. The Appellate Division made what is termed in the record a “Final Order,” ordering a new trial. From this order the plaintiff claimed an appeal.
1Opinion of the CourtRugg, C. J.
This action of contract was commenced in the Municipal Court of the City of Boston. The judge of first instance denied certain requests for rulings of law presented by the defendant, and found for the plaintiff. The defendant being aggrieved, the case was reported at his request to the Appellate Division, whose decision was “New trial ordered.” Thereupon the plaintiff, appealed.
A preliminary question is whether the case had reached a stage where an appeal could be taken.
*527The right to appeal directly to this court from the Appellate Division is created by St. 1912, c. 649, § 9. By its terms…
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